Unproven Serious Allegations Against Spouse Amount To Mental Cruelty, Says Court In Maharashtra While Granting Divorce

Pune: In a significant matrimonial ruling, the Family Court in Sangli has granted a divorce to a husband after holding that making serious allegations against a spouse without substantiating them with credible evidence amounts to mental cruelty. The order was passed by Family Court Judge S. J. Gharat while allowing a petition filed under the Hindu Marriage Act.

According to the judgment, the husband had initially filed the divorce petition in Pune. However, following a transfer petition moved by the wife before the Supreme Court, the matter was transferred to the Sangli Family Court for adjudication.

Husband’s Allegations…

In his petition, the husband alleged that his wife repeatedly suspected his character without any basis, accused him of having an illicit relationship with his sister-in-law, and made defamatory statements about him and his family before relatives. He also claimed that she made insulting remarks regarding his skin disease, causing him mental harassment.

The wife denied the allegations and, in turn, alleged that she had been subjected to dowry-related harassment by the husband and his family. She also levelled allegations of molestation against her father-in-law.

Court’s Observation…

After examining the evidence, the court observed that the wife failed to produce independent and reliable material to substantiate the serious allegations she had made. The judgment noted that although CCTV cameras were installed at the residence, no electronic evidence supporting her claims was produced before the court.

The court further said that the husband’s case was supported by documentary evidence, electronic communication, witness testimonies and cross-examination, which it found to be credible.

The Verdict…

Referring to principles laid down by the Supreme Court, including the landmark judgment in Samar Ghosh v. Jaya Ghosh, the Family Court held that making baseless allegations against a spouse’s character, failing to prove serious accusations, and tarnishing the reputation of the spouse and family can constitute mental cruelty under matrimonial law.

On these grounds, the court allowed the husband’s divorce petition and ordered the dissolution of the marriage. The husband was represented by advocates Pratibha Joshi Dalal and Arjun Dalal.